K.J.Johnson v. K.J.Tomey
Case brief
What is this about?
The High Court of Kerala dismissed the Civil Revision Petition challenging the dismissal of a suit for deposit of money in court. The court held that Section 151 of the CPC applies only to pending proceedings and cannot be used to bypass the limitation period of Section 83 of the Transfer of Property Act.
What did the court decide?
Reiterating that no original proceedings can be instituted under Section 151 of the Code of Civil Procedure where specific provisions like Section 83 of the Transfer of Property Act apply.